III.  Legis. 


REPORT 


OF  THIS 


SELECT  COMMITTEE  ON  THE  PENITENTIARY, 


SUBMITTED  TO 


THE  HOUSE  OF  REPRESENTATIVES, 


JANUARY  15,  1839,, 


H.  R  j  11th  Assem, 

t  t 

V 


V  AND  ALIA: 

William  Walters,  Public  Printer.. 

1839. 


EXAMINATION  OF  THE  PENITENTIARY. 


January  15,  1839. 

Read,  and  recommitted  to  the  Committee,  with  instructions  to  report  a  bill  in  conformity 

with  its  recommendations. 


Mr.  Craig,  from  the  Select  Committee  appointed  to  visit  the  Peniten¬ 
tiary,  made  the  following 

REPORT: 

In  pursuance  of  a~resolution  of  the  House  of  Representatives,  adopted 
December  22,  1838,  having  for  its  object  the  appointment  of  a 
select  committee  for  the  purpose  of  repairing  to  the  penitentiary  at 
Alton,  and  examining  into  the  causes  of  the  recent  escapes  of  convicts, 
and  the  condition  of  the  penitentiary  and  its  inmates;  and  such  other 
facts  in  relation  thereto  as  will  enable  the  Legislature  to  make  such 
further  enactments  for  its  future  government  as  may  be  necessary,  the 
undersigned  (having  been  appointed  that  committee)  beg  leave  to  sub¬ 
mit  to  your  honorable  body,  as  the  result  of  their  inquiries,  the  follow¬ 
ing  report: 

On  the  29th  of  December,  1838,  your  committee,  having  arrived  at 
Alton,  organized,  appointed  A.  A.  Eddy,  clerk,  and  proceeded  to  the  ex¬ 
amination  of  the  following  witnesses,  viz: 

John  R.  Wood,  being  first  duly  sworn,  deposeth  and  saith,  in  answer 
to  the  following  interrogatories: 

Interrogatory  1.  What  office  do  you  hold  in  the  penitentiary,  and  how 
long  have  you  held  that  office? 

Answer.  I  hold  the  office  of  superintendent;  was  appointed  agent  of 
the  inspectors,  August  18,  1837;  and  superintendent  on  the  first  day  of 
September  of  the  same  year. 

Interrogatory  2.  State  the  number  of  cells,  and  the  condition  thereof, 
and  the  height  of  the  wall  around  the  yard  at  the  present  time. 

Answer.  There  are  twenty-four  old  cells,  all  of  which  are  secure  and 
in  good  condition,  so  far  as  my  knowledge  extends  respecting  their  strength, 
There  arc  thirty-two  new  cells;  the  doors  of  twenty  of  them  are  hung  and 
nearly  completed;  the  doors  of  all  are  at  the  prison;  but  on  putting  them 
up  it  was  discovered  that  the  middle  hinge  of  several  would  go  into  the 
mortar  joint  between  the  stone,  in  which  they  could  not  be  made  secure 
as  the  others,  and  the  hanging  of  them  wras  deferred.  The  height  of  the 
wall  is  from  fifteen  to  thirty  feet,  I  should  judge,  though  1  have  never 
measured  it.  It  varies,  however,  according  to  the  unevenness  of  the 
ground  upon  which  it  is  erected. 


4 


Interrogatory  3.  Please  state  the  thickness  of  the  wall. 

Answer.  From  three  feet  to  three  feet  six  inches  at  the  top,  and  five 
feet  at  the  foundation,  except  that  portion  of  it  which  stands  on  the  ground 
designed  to  be  occupied  by  the  main  building  when  completed. 

Interrogatory  4.  How  many  convicts  were  there  in  the  penitentiary 
when  you  took  charge  of  the  same,  and  how  many  have  since  been  com¬ 
mitted  ? 

Answer.  Eleven  when  I  took  charge,  and  fifty-two  committed  sincer 
besides  two  returned  who  had  escaped  from  former  keepers. 

Interrogatory  5.  State  the  number  of  convicts  now  in  the  penitentiary* 
the  number  discharged,  and  the  number  which  have  escaped. 

Answer.  Twenty-eight  are  now  in  the  penitentiary;  seventeen  have 
been  discharged;  seventeen  have  escaped*,  two  have  died;  and  three  have 
been  returned. 

Interrogatory  6.  State  from  winch  cells  the  escapes  were  made,  in  what 
manner  they  wrere  effected,  and  at  what  time. 

Answer.  On  the  19th  of  October,  1837,  two  escaped  from  the  old  cells* 
On  the  19th  April,  1838,  one  escaped  about  four  o'clock,  P.  M.  On  the 
night  of  the  28th  June,  two  escaped,  one  from  the  old  and  one  from  the 
new  cells.  On  the  night  of  the  8th  August,  1838,  five  escaped  from  the 
old  cells.  On  the  17th  of  September,  1838,  one  escaped  about  four  o’clock 
P.  M.;  and  on  the  night  of  the  9th  December,  1838,  six  escaped.  The 
first  was  effected  by  one  of'  the  convicts,  who  slept  in  an  upper  cell,  con¬ 
triving  to  unhook  one  of  the  lower  cells  in  which  his  comrade  was  confined, 
between  the  time  of  hasping  and  locking  the  cell  doors,  which  was  not 
discovered  at  the  time  by  the  turnkey,  who  was  accompanied  by  myself; 
by  means  of  which  the  inmate  of  said  cell  passed  out  and  broke  the  lock 
on  that  of  his  comrade,  and,  with  him,  broke  the  lock  of  the  trap-door  of 
the  loft,  passing  thence  out  of  the  loft  through  a  wdndow  in  the  roof,  and 
over  that  on  the  wall,  the  teething  of  which  afforded  an  easy  and  safe 
passage  to  the  ground.  The  second  wras  effected  by  running  away  from 
the  workmen  who  were  engaged  in  repairing  that  part  of  the  vrall  which 
fell  on  the  14th  of  the  same  month.  The  third  escape  was  effected  by 
one  of  the  convicts  breaking  through  the  partition-wall  of  the  new  cells 
into  an  open  ceil;  then,  breaking  the  lock  of  one  of  the  old  cells,  hinrwclf 
and  inmate  of  said  ceil  passed  into  the  yard  through  the  new  door,  which 
was  then  unfinished,  and  'scaled  the  wall  by  means  of  scaffolding  used  in 
repairing  the  wall.  The  fourth  was  effected  by  sawing  off  the  hasp  or 
hook  of  the  hasp  of  one  of  the  old  cells,  and  so  attaching  it  again  as  to 
escape  detection.  The  locks  of  four  other  cells  were  then  broken,  and  a 
breach  then  made  in  the  end  wall  of  the  main  building.  The  wall  was 
then  scaled  by  means  of  long  rafters  left  from  those  used  in  covering  the 
additional  cells.  At  what  time  this  was  done  I  am  unable  to  say;  but  I 
suppose  cither  on  the  Sabbath,  when,  during  extreme  hot  weather,  the  men 
were  permitted  to  lay  in  their  cells  part  of  the  day,  or  while  hanging  the 
doois  of  the  new  cells,  which  was  done  by  the  prisoners.  The  fifth  escape 
was  effected  by  one  of  the  convicts  who  was  at  work  in  the  loft  assisting 
to  raise  the  new  doors  to  their  respective  places,  and,  in  the  absence  of  the 
guard,  discovered  a  breach  in  the  roof  which  had  not  been  very  well  re¬ 
paired,  out  of  which  he  threw  a  rope,  and  thereby  descended  to  the 
ground.  The  sixth  escape  was  effected  by  one  of  the  convicts  making  a 


5 


passage  through  the  partition-wall  upward  into  an  unfastened  cell;  then 
letting  two  others  out  who  were  in  the  opposite  cell;  after  which  a  breach 
was  made  in  the  end  wall  of  the  building,  whence  they  proceeded  to  the 
smith’s  shop;  and,  after  taking  olF  his  irons,  one  of  them  returned  and  let 
out  three  others.  One  of  the  number  Then  got  over  the  wall,  broke  the 
outer  lock  of  the  gate,  through  which  those  inside  escaped. 

Interrogatory  7.  Are  the  cells  defective  in  their  construction?  If  so, 
point  out  the  defects;  and,  further,  do  you  consider  the  new  cells  equal, 
in  workmanship  and  finish,  to  the  old? 

Answer.  From  the  escapes  which  have  been  made,  it  has  been  ascer¬ 
tained  that  the  floors  of  some  of  the  new  cells,  which  are  composed  of 
from  one  to  two  flag-stones,  do  not  meet  in  the  partition-wall,  thereby 
leaving  a  space  near  two  feet  in  width,  through  which  (the  door  above 
being  open)  escape  can  easily  be  effected.  In  this  respect  1  consider  the 
cells  defective.  The  finish  of  the  new  cells  is  not,  in  my  opinion,  equal 
to  that  of  the  old.  The  masonry,  with  the  exception  of  the  partition- 
wall,  is  perhaps  as  strong  as  that  of  the  old. 

Interrogatory  8.  Do  you  consider  the  outward  wall  of  the  penitentiary 
constructed  in  a  substantial  manner,  and  calculated  to  answer  the  ends 
for  which  it  was  designed? 

Answer.  Judging  from  the  portion  of  wall  which  fell  down  in  April 
last,  and  which  appeared  to  have  been  built  with  a  tolerable  facing  on 
each  side,  and  the  middle  thereof  filled  with  small  stones,  with  but  little 
mortar,  I  do  not  consider  it  a  substantial  wall;  and  also  from  the  appear¬ 
ance  of  the  south  and  east  walls,  which  lean  over  the  yard  considerably; 
and,  further,  as  the  surface  of  the  Trail  is  open  in  so  many  places  as  to 
afford  an  easy  passage  over  it  by  an  active  fellow,  I  do  not  consider  it  cal¬ 
culated  to  answer  the  ends  for  which  it  was  designed;  and,  finally,  from 
the  present  appearance  of  the  wall,  we  may  reasonably  conclude  that  a 
great  portion  of  it  will  fall  at  no  distant  period. 

Interrogatory  9.  What  mechanical  branches  do  you  think  could  be 
advantageously  carried  on  in  the  penitentiary ;  or  in  what  way  can  the 
convicts  be  employed  to  produce  the  greatest  amount  of  productive  labor? 

Answer.  Coopering,  chair  making,  carpet  weaving,  and  tailoring. 

Interrogatory  10.  Have  you  the  necessary  shops  and  tools  for  a  success¬ 
ful  prosecution  of  those  branches  of  business? 

Answer.  No. 

Interrogatory  11.  What  amount  of  stock  and  materials  would  be  ne¬ 
cessary  to  insure  constant  employment  to  the  convicts? 

Answer.  Five  thousand  dollars’  worth;  lay  it  in  according  to  circum¬ 
stances,  depending  pretty  much  upon  the  supply  in  market,  and  the  de¬ 
mand  for  the  manufactured  article. 

Interrogatory  12.  How  much  money  would  you  require,  and  in  what 
manner  would  you  lay  in  a  stock  of  materials:? 

Answer.  Three  thousand  dollars.  (The  last  part  answered  above.) 

Interrogatory  13.  In  what  way  would  you  dispose  of  the  manufactured 
articles? 

Answer.  Wholesale  and  retail,  for  cash  or  on  short  credit,  from  a  ware¬ 
house  attached  to  the  institution,  and  nowhere  else. 

Interrogatory  14.  What  number  of  pork  or  other  tight  barrels  can 
your  coopers  turn  out,  each,  per  day;  and  what  price  can  be  obtained  for 
the  same? 


v 


6 


Answer.  One  pork  barrel  per  day  is  now  the  task  of  the  coopers  who 
work  thereat.  They  perform  it  with  ease.  One  dollar  and  fifty  cents  can 
be  had  at  this  time  for  pork  barrels. 

Interrogatory  15.  What  amount  can  your  blacksmith  earn  per  day, 
with  an  assistant,  over  and  above  the  cost  of  iron  and  coal? 

Answer.  About  one  dollar  and  twenty-five  cents. 

Interrogatory  16.  What  would  be  a  reasonable  amount  to  estimate 
per  day  for  the'  convicts  engaged  in  cutting  or  in  breaking  rock  for  Me- 
Adamizing;  and  which  of  these  would  be  the  most  profitable  employ¬ 
ment. 

Answer.  About  forty  cents.  Breaking  rock,  if  sales  could  be  effected. 

Interrogatory  17.  Has  it  been  customary  to  hire  out  the  convicts  to 
work  without  the  walls  of  the  penitentiary;  and,  if  so,  to  whom  have 
they  been  hired;  and  what  has  been  the  amount  charged  per  day  for  the 
convicts  so  employed  ? 

Answer.  It  has  pot  been  customary  with  me  to  hire  any  of  the  convicts 
to  any  one  without  the  walls  of  the  penitentiary.  I  have  undertaken  jobs 
of  work  for  individuals,  and  generally  superintended  the  performance 
thereof  myself.  In  the  course  of  last  winter  applications  were  made  by 
a  number  of  persons  for  the  use  of  the  convicts  to  get  ice.  In  three  in- 
stences  they  were  sent  out  for  that  purpose,  with  a  sufficient  guard,  not 
in  any  case  under  the  care  of  those  for  whom  the  work  was  done.  The 
names  of  those  for  whom  the  ice  was  gathered  are,  Miller  and  Fish, 
Aaron  Corey,  and  John  S.  Clark.  The  charge  per  day  was  one  dollar 
in  the  first  instance,  and  one  dollar  and  twenty-five  cents  in  the  second. 
Convicts  have  also  been  employed  out  of  the  yard,  in  working  at  the  quar¬ 
ry  for  Casswell  and  Whitaker  during  the  building  of  the  additional  cells. 
The  charges  were  from  thirty  -seven  and  one-half  cents  to  one  dollar  per 
day.  They  were  also  employed  in  repairing  a  boat,  by  Reuben  Rey¬ 
nolds,  which  lay  on  the  penitentiary  landing.  The  charges  in  this  case 
were  from  fifty  cents  to  one  dollar  per  day;  at  all  of  which  work  they 
were  generally  under  my  own  eye,  with  the  exception  of  the  time  they 
were  getting  ice.  They  have  also  been  employed  at  work  for  myself  out¬ 
side  the  wall,  as  well  as  in  storing  lead  for  Godfrey,  Gilman  &  Co. 

Interrogatory  18.  Has  all  the  labor  so  perfoimed  been  accounted  for; 
and,  if  so,  is  it  so  stated  in  the  inspectors7  report  to  the  Legislature? 

Answer.  All  the  labor  performed  outside  the  yard  has  been  accounted 
lor,  and  all  that  done  in  the  yard,  except  a  portion  of  that  done  for  my¬ 
self — a  portion  of  the  coopering  and  sawing,  which  it  was  impossible  to 
settle  for. 

Interrogatory  19.  Have  any  of  the  convicts  been  employed  as  superin¬ 
tendents  or  overseers  over  other  convicts;  or  sent  in  pursuit  of  those  who 
had  escaped  from  the  penitentiary? 

Answer.  One  whom  I  knew  was  pardoned  by  the  Governor,  but  whose 
reprieve  had  not  reached  me,  wras  employed  as  a  guard  for  a  few  weeks, 
and  stationed  in  the  yard,  for  that  purpose,  in  a  proper  position.  After 
being  released,  he  was  employed  as  a  guard  at  the  usual  wages,  and  con¬ 
tinued  until  the  22d  inst.  The  same  individual  was  also  sent  in  pursuit  of 
those  who  escaped  on  the  9th  inst.,  and  succeeded  in  bringing  two  of  them 
back.  The  confidence  reposed  in  this  individual  was  not  misplaced. 


7 


Interrogatory  20.  Have  any  of  the  convicts  been  employed  as  guards, 
overseers,  or  turnkeys,  or  in  shutting  up  the  cells  of  other  convicts;  and, 
if  so,  may  not  some  of  the  escapes  be  attributed  to  their  connivance  or 
agency  ? 

Answer.  Except  in  the  above  instance,  no  convict  has  been  employed 
as  a  guard,  overseer,  or  turnkey,  to  my  knowledge;  but,  until  lately,  some 
one  of  the  convicts  whose  fidelity  had  been  tested,  and  whose  term  of  con¬ 
finement  had  nearly  expired,  was  generally  employed  in  shutting  up  the 
others,  but  never  in  locking  the  cells.  It  had  been  customary,  previous 
to  my  taking  charge,  to  send  one  of  the  convicts  in  after  the  others  for  the 
purpose  of  shutting  up  the  cells  previous  to  their  being  locked;  which 
course  was  adopted  and  practiced  upon  the  principle  of  safety  to  the  guard 
and  keeper;  and  which  custom  I  continued  on  the  same  priciple.  The 
idea  of  employing  one  of  the  convicts  to  act  in  the  capacity  of  guard  in 
the  yard  was  first  suggested  to  me  by  a  report  from  one  of  the  eastern 
penitentiaries,  in  which  it  was  stated  that  a  convict  had  been  so  employed 
by  them,  and  had  proved  himself  to  be  a  vigilant  and  efficient  watch;  but 
I  have  never  employed  but  one  in  that  capacity,  and  that  for  only  a  short 
time,  the  convict  having  been  pardoned  by  the  Governor,  as  before  men¬ 
tioned.  My  great  object,  however,  in  the  case  above,  was  to  get  along 
with  as  little  expense  as  possible;  but  I  cannot  attribute  any  of  the  escapes 
to  their  connivance  or  agency. 

Interrogatory  21.  Do  you  supply  the  penitentiary  in  provisions  by  pur¬ 
chases,  by  the  quantity,  or  in  small  parcels,  from  day  to  day? 

Answer.  By  the  quantity,  when  practicable. 

Interrogatory  22.  What  constitutes  the  ration  or  daily  allowance  of 
each  convict? 

Answer.  In  the  fall  of  1837,  the  bread  used  was  most  generally  made 
of  corn-meal;  but,  at  a  time  when  none  was  to  be  had  in  market,  we  used 
superfine  flour,  which  we  found  very  expensive;  one  and  one-fourth 
pound  was  allowed  to  a  man.  We  frequently  mixed  flour  with  meal. 
We  occasionally  used  flour  through  the  winter  and  following  spring  and 
summer;  when,  for  a  time,  corn-meal  and  coarse  or  common  flour  was 
used  regularly.  Latterly,  corn-bread  is  the  only  kind  used.  The  con¬ 
victs,  are  allowed  as  much  of  it  as  they  want  to  eat.  In  the  winter  of 
1837*  l  purchased  and  put  up  a  quantity  of  pork,  which,  when  salted,  was 
smoked.  This  was  eaten  by  the  convicts  through  the  summer,  together 
with  beef  furnished  by  a  butcher  of  the  place,  at  a  given  price  per  pound. 
One  and  one-half  pound  of  meat  was  allowed  each  man;  and,  if  more  was 
required,  it  was  furnished  in  most  cases.  In  some  instances  our  rations 
have  been  rather  scanty,  owing  to  our  not  having  been  supplied  with  a  suffi¬ 
cient  quantity;  but  tKese  instances  were  rare,  and  not  of  more  than  one 
day's  duration.  Since  the  commencement  of  the  present  upork  season,” 
we  have  used  hog_s’  heads  and  spare  ribs,  of  which  the  convicts  are  allow¬ 
ed  as  much  as  they  want.  In  addition  to  the  above,  we  have  used  beans, 
potatoes,  rice,  turnips,  pumpkins,  and  beets,  <fcc.  whenever  I  could  pur¬ 
chase  the  same  by  the  quantity  at  a  low  price.  Tea  (occasionally  coffee, 
mostly  on  Sunday  mornings)  is  used  twice  a  day;  meat  is  only  allowed 
twice  a  day,  morning  and  noon. 

Interrogatory  23.  Ha\e  cleanlines  and  conjfort  been  studied  in  the  ar¬ 
rangements  of  your  prison,  and  enforced  among  the  convicts? 


8 


Answer.  Yes;  but  comfort  has  pot  been  secured  in  all  cases. 

Interrogatory  24.  Will  you  stateThe  amount’ and  kind  of  bedding  fur¬ 
nished  to  each  convict? 

Answer.  One  cotton  comforter,  two  and  sometimes  three  blankets,  a 
tick  filled  with  hay,  and  a  cot  elevated  some  twelve  inches  above  the 
floor. 

Interrogatory  25.  Are  the  convicts  supplied  with  comfortable  clothing- 
adapted  to  the  season?  \ 

Answer.  Yes,  in  my  opinion. 

Interrogatory  26.  Are  the  clothes  of  the  convicts  made  with  such  dis¬ 
tinctive  marks,  or  the  hair  of  the  convicts  shaved  in  such  a  manner,  as 
that,  if  at  large ,  they  would  be  recognized  as  convicts  escaped  from  the 
penitentiary? 

Answer.  Some  are  and  some  are  not.  The  hair  of  some  is  shaved, 
done  in  consequence  of  a  violation  of  the  rules  of  the  prison. 

Interrogatory  27.  To  what  extent  have  the  convicts  been  educated, 
and  what  have  been  their  habits  of  life,? 

Answer.  I  have  never  ascertained  to  what  extent  they  have  been 
educated.  The  habits  of  a  majority  of  them  have,  so  far,  as  I  have 
been  able  to  find  out,  been  dissolute  previous  to  their  committal. 

Interrogatory  28.  Have  any  rewards  been  offered  to  induce  them  to 
act  correctly? 

Answer.  No;  but  sugar,  coffee,  and  tobacco  have  been  given  for  over 
or  extra  labor. 

*Trr— MiiMiui.j  •  ■  y  i 

Interrogatory  29.  What  is  the  course  of  discipline  in  the  penitentiary? 

Answer.  All  swearing,  profane  or  indecent  expressions  are  prohibited. 
Talking  with  strangers  and  quarrelling  among  themselves  are  forbidden. 
Punishment  follows  every  violation  of  rules. 

Interrogatory  30.  What  course  of  instruction  in  reading  and  morals 
has  been  adopted,  if  any;  and  to  what  extent  has  it  been  successful? 

Answer.  None,  with  the  exception  of  a  Sabbath  school,  sustained  until 
some  time  last  fall,  and  discontinued  for  want  of  suitable  accommoda¬ 
tions:  for  the  success  attending,  refer  to  my  report  to  the  inspectors.  That 
portion  of  the  report  referred  to  is  as  follows:  4<A  Sabbath  school  was 
also  commenced  in  the  fall  of  1837 ;  and,  with  some  few  intermissions, 
has  been  regularly  sustained,  and  the  result  has  been  that,  of  seven  who 
were  ignorant  of  the  alphabet,  four  were  tolerable  readers  when  I  dis¬ 
charged  them;  and  the  remaining  three  can  read  in  the  spelling  book.’’ 

Interrogatory  31.  Is  there  a  regularly  appointed  clergyman  officiating 
in  the  penitentiary  on  Sabbath  days;  and,  if  so,  to  what  denomination 
does  he  belong? 

Answer.  Clergymen  of  several  denominations  have  preached  to  the 
convicts  during  the  last  summer:  no  regular  appointment  has  been  made. 

Interrogatory  32.  Are  the  convicts  supplied  with  Bibles  and  other 
books  for  religious  and  moral  instruction;  and,  if  so,  to  what  extent? 

Answer.  Some  ten  or  twelve  Bibles  are  now  in  use  among  the  convicts. 
Ten  copies  of  the  Illinois  Temperance  Herald  are  distributed  monthly 
among  them.  They  are  permitted  the  use  of  any  of  the  books  in  my 
library  that  they  apply  for,  with  few  exceptions. 

Interrogatory  33.  Under  the  present  system  of  managment,  what  is 


9 


$ 


the  lowest  sum  that  the  State  must  advance  annually  for  the  support  of 
the  penitentiary? 

Answer.  In  my  opinion  it  will  require  $1,250  the  first  year,  and  $750 
s  the  next.  This  is  based  on  the  supposition  that  eighty  convicts  would 
be  in  the  penitentiary  at  the  end  of  two  years,  and  all  common  laborers. 
In  case  a  proportion  of  mechanics  were  among  them,  the  estimate  would 
of  course  diminish.  It  is  also  based  on  the  supposition  that  the  State  will 
supply  the  necessary  shops  and  tools  for  their  use;  and  also  that  the  pres¬ 
ent  prices  of  cooper-ware  would  remain  as  it  has  been  for  the  last  year. 

Interrogatory  $4.  Would  it,  in  your  opinion,  be  for  the  interest  of  the 
State  to  lease  the  penitentiary  to  some  person  for  a  number  of  years? 

Answer.  It  would. 

Interrogatory  35.  On  what  terms,  would  you  think  that  you  could 
conduct  it  on  your  own  capital,  and  preserve  the  same  discipline  among 
the  convicts  that  is  now  exercised,  for  a  period  of  five  or  ten  years? 

Answer.  One  thousand  dollars  for  each  of  the  two  first  years  advanced 
to  me  by  the  State;  and,  after  that,  it  would  support  itself.  This  is  on 
condition  that  the  State  would  build  necessary  shops  and  furnish  tools. 

Interrogatory  3(5.  Would  there  not  be  danger  that  placing  the  con¬ 
victs  in  the  hands  of  an  individual  speculator  would  cause  a  relaxation  of 
discipline,  or  otherwise  subvert  the  objects  for  which  penitentiaries  are 
established. 

Answer.  This  I  think  would  have  a  contrary  effect.  It  would  lead  to 
inordinate  severity  on  the  part  of  the  contractor,  causing  them  to  work 
more  than  their  health  or  strength  might  allow;  and  not  giving  them  suf¬ 
ficient  food  and  clothing  and  attendance  in  sickness.  This,  however, 
would  depend  on  the  temper  and  disposition  of  the  contractor. 

J.  R.  WOODS. 

Sworn  to  and  subscribed  before  me,  this  29th  December,  1838, 

JAMES  CRAIG, 

Chairman  of  Committee, 

Dr.  B.  K.  Hart,  being  first  duly  sworn,  in  answer  to  the  following  in¬ 
terrogatories,  deposeth  and  saith: 

Interrogatory  1.  How  long  have  you  been  in  attendance  on  the  con¬ 
victs  of  the  penitentiary? 

Answer.  Between  three  and  four  years. 

Interrogatory  2.  How  many  persons  have  been  confined  there;  and 
how  many  deaths  occurred  among  them  during  that  period? 

Answer.  The  number  of  prisoners  that  have  been  confined  I  do  not 
know;  the  number  of  deaths  is  three. 

Interrogatory  3.  How  many  cases  of  sickness  occurred  among  them, 
and  what  were  the  diseases? 

'  Answer.  The  number  of  cases  of  sickness  I  cannot  state,  though  most 
of  the  convicts  have  been  sick,  owing  to  their  confinement.  The  diseases 
were  inflammatory,  such  as  pleurisy,  inflammation  of  the  lungs,  dysen¬ 
tery,  <&Tc.:  the  common  bilious  diseases  of  the  climate,  bowel  complaints, 
<£c. ;  in  fine,  all  the  variety  of  diseases,  acute  and  chronic,  that  one  would 


10 


expect  to  find  among  the  same  number  of  people  in  a  similar  climafe. 
There  has  been  no  disease  among  them  that  was  not  prevailing  at  the 
same  time  among  the  citizens  of  the  place. 

Interrogatory  4.  Do  you  consider  the  city  of  Alton  healthy;  and  what 
are  the  prevailing  diseases? 

Answer.  I  do  consider  the  city  of  Alton  healthy,  as  much  so  as  any 
place  in  the  west,  and  much  more  so  than  many.  My  reasons  aie,  briefly, 
these:  It  is  situated  on  high  ground  at  the  extreme  upper  end  of  the 
American  bottom.  The  high  grounds  extend  a  great  distance  above. 
The  river  in  front  of  Alton  is  more  than  a  mile  wide,  the  water  always 
pure,  and,  on  the  Alton  shore,  always  confined  to  its  channel.  The 
malaria  arising  from  the  low  grounds  on  the  opposite  shore  would  hardly 
affect  the  city  of  Alton,  owing  to  the  great  distance  it  would  have  to  pass 
through  the  atmosphere;  besides,  at  the  season  of  the  year  when  we 
are  exposed  to  its  influence,  the  prevailing  westerly  and  southwesterly 
winds  drive  it  away  from  the  city.  The  bills  of  mortality  would  confirm 
my  statement.  The  diseases  are  bilious,  intermittent  and  remittent  fevers, 
dysentery,  and  other  bowel  complaints  in  summer;  and  inflammatory  dis¬ 
eases,  such  as  inflammation  of  the  lungs  and  pleurisy,  in  the  winter,  with 
the  usual  variety  of  acute  and  chronic  diseases,  such,  I  presume,  as  pre¬ 
vail  generally  in  the  valley  of  the  Mississippi. 

Interrogatory  5.  Are  the  inmates  of  the  penitentiary  necessarily  ex¬ 
posed  to  malignant  and  contagious  diseases  prevalent  in  the  city;  or  are 
the  citizens  endangered  by  contagious  diseases  prevailing  in  the  peniten¬ 
tiary  ? 

Answer.  I  should  think  they  were  to  a  limited  extent — the  danger 
decreasing  in  proportion  as  the  communication  between  the  city  and  pen¬ 
itentiary  is  cut  off,  and  vice  versa.  This  danger  will  ultimately  be  much 
greater  than  it  is  now,  when  the  city  is  built  up  more  immediately  around, 
and  on  the  high  grounds  above  the  penitentiary. 

Interrogatory  6.  In  case  of  sickness,  are  the  convicts  attended  by  you 
in  the  cells? 

Answer.  Not  generally.  The  sick  are  usually  kept  in  the  basement 
story  immediately  under  the  part  occupied  by  the  superintendent  and  his 
family.  The  room  is  very  damp,  and  very  unfit  for  the  sick,  but  the 
most  appropriate  there  is  about  the  establishment. 

Interrogatory  7.  State  to  the  committee  whether  or  not  these  cells  are 
not  an  improper  place  for  persons  sick  or  diseased,  necessarily  aggravat¬ 
ing  disease,  and  often  making  disorders,  in  themselves  slight,  of  grave  and 
dangerous  character;  and  whether  it  is  not  absolutely  necessary,  in  order 
to  preserve  the  health  of  these  unfortunate  victims,  that  an  hospital  de¬ 
partment  should  be  prepared  for  such  casualties? 

Answer.  The  cells  are  a  very  improper  place  for  sick  persons;  and  the 
air  is  too  damp  and  confined  for  the  safety  of  those  who  are  well.  Dis¬ 
ease  would  unquestionably  be  very  much  aggravated  by  confining  the 
patients  in  the  cells;  and,  for  this  reason,  I  have  uniformly  recommended 
their  removal  to  the  basement  story,  which  is  better  ventilated,  and  where 
a  fire  can  be  built.  I  should  think  a  hospital  department  indespensably 
necessary,  if  the  health  and  lives  of  the  convicts  are  to  be  taken  into  the 
account. 

Interrogatory  8.  Taking  the  temperature  of  the  climate,  and  the  open- 


11 


ings  in  the  doors  and  windows  of  the  cells  into  consideration,  are  not  the 
lives  of  the  convicts  necessarily  endangered  from  inflammatory  and  other 
diseases  arising  from  such  exposure  at  night  to  the  influences  of  the  at¬ 
mosphere? 

Answer.  I  answer  this  interrogatory  unhesitatingly  in  the  affirmative. 
The  cells  are  very  small,  poorly  ventilated,  if  they  can  he  said  to  be  ven¬ 
tilated  at  all;  and  the  air  is  so  damp  that  the  moisture  collects  on  the 
walls  to  such  a  degree  that  it  drains  from  them  in  warm  weather,  and  in 
cold  completely  coats  them  with  ice. 

Interrogatory  9.  Have  the  sick  been  supplied  with  proper  regimen  and 
necessary  nursing  and  attendance?  State  the  general  regimen  in  such 
cases. 

Answer.  I  think  the  sick,  so  far  as  nursing  and  regimen  goes,  have 
nothing  to  complain  of.  When  the  situation  of  the  patient  requires  it, 
it  is  made  the  duty  of  some  one  of  the  other  convicts  to  devote  his  time 
to  nursing  him;  and  1  have  always  ordered,  and  they  have  received,  such 
things  as  I  thought  their  condition  called  for.  They  have  had  gruel, 
rice,  toast,  soups,  and  tea  and  coffee,  whenever  I  thought  it  necessary  for 
them. 

Interrogatory  10.  Have  they  been  supplied  with  sufficient  warm  bed¬ 
clothing  and  other  necessaries  in  their  sickness? 

Answer.  I  have  heard  no  complaint,  that  I  thought  well  founded,  of 
the  want  of  bed-clothes  or  other  necessaries  when  sick.  From  my  own 
knowledge  and  observation  I  should  think  their  wants  are  very  well  at¬ 
tended  to. 

Interrogatory  11.  Has  the  food  of  the  convicts  been  sufficient  in  quan¬ 
tity  and  quality  to  sustain  their  health  and  vigor?  State  as  far  as  you  know 
what  is  the  ordinary  diet.  Are  they  fed  on  salt  meat  or  fresh;  and  in 
what  quantities  or  proportion?  State  also  what  is  the  daily  amount  of 
vegetables,  soups,  &c.  &c.  to  each  convict. 

Answer.  I  should  think,  so  far  as  I  have  seen,  that  their  food  was  am¬ 
ply  sufficient  in  quantity  for  the  purposes  mentioned  in  the  interrogatory. 
Their  ordinary  diet,  so  far  as  I  have  seen,  is  meat,  salt  or  fresh,  mostly 
beef  or  pork;  corn-bread  or  mush;  beans,  boiled,  baked,  or  in  soup  of 
different  kinds;  and  the  common  vegetables  sufficient  for  the  purposes  of 
health  in  their  season.  I  am  not  particularly  advised,  but  I  think  that 
the  only  limit  assigned  to  the  convict,  as  to  quantity,  is  his  appetite; 
that  is,  he  has  as  much  as  he  wishes  to  eat. 

Interrogatory  12.  Do  you  consider  the  use  of  tobacco  by  the  convicts 
calculated  to  promote  their  health;  and,  if  so,  to  what  extent  would  you 
recommend  its  Use? 

Answer.  I  think  not.  The  deprivation  of  tobacco  to  one  accustomed 
to  its  use  is  unquestionably  a  great  discomfort;  but  I  should  say  not  pre¬ 
judicial  to  health.  I  judge  as  well  [from]  its  qualities  and  medicinal  na¬ 
ture  as  from  observation  of  the  effects  upon  individuals  who  have  habitu¬ 
ally  used  it.  but  discontinued  its  use. 

J  B.  K.  HART. 

Sworn  to  and  subscribed  before  me,  this  1st  day  of  January,  A.  D. 
1839. 


GEORGE  SMITH,  Justice  of  the  Peace . 


12 


J.  C.  Bruner  deposeth  and  saith,  in  answer  the  following  interroga¬ 
tories: 

Interrogatory  1.  What  mechanical  branches  do  you  think  could  be 
advantageously  carried  on  in  the  penitentiary;  or  in  what  way  can  the 
convicts  be  employed  to  augment  the  amount  of  productive  labor? 

Answer.  Coopering  and  shoemaking  and  blacksmithing. 

Interrogatory  2.  What  amount  of  stock  and  materials  would  be  neces¬ 
sary  to  insure  constant  employment  to  the  convicts? 

Answer.  I  should  suppose  three  thousand  dollars  to  be  sufficient. 

Interrogatory  3.  In  what  way  would  you  dispose  ot  the  manufactured 
articles? 

Answer.  By  establishing  a  warehouse  on  the  penitentiary  grounds,  with 
a  superintendent  of  the  same. 

Interrogatory  4.  What  would  be  a  reasonable  amount  to  estimate  per 
day  for  the  hands  employed  in  cutting  stone,  or  in  breaking  rock  lor  Mc- 
Adamizing;  and  which  of  them  would  be  the  most  profitable  employ¬ 
ment? 

Answer.  A  fair  estimate  per  day  I  think  is  one  dollar;  and  cutting  stone 
the  most  profitable. 

Interrogatory  5.  Has  it  been  customary  to  hire  out  the  convicts  to  work 
without  the  walls  of  the  penitentiary;  and,  if  so,  to  whom  have  they 
been  hired,  and  what  has  been  the  amount  charged  per  day  for  the  labor 
of  such  convicts? 

Answer.  It  has  been  customary  to  hire  out  the  convicts  by  the  day,  at 
eighty-seven  and  a  half  cents  per  day. 

Interrogatory  6.  Have  any  of  the  convicts  been  employed  as  superin¬ 
tendents  or  overseers  over  other  convicts,  or  sent  in  pursuit  of  those  who 
have  escaped  from  the  penitentiary? 

Answer.  Not  to  my  knowledge. 

Interrogatory  7.  Have  any  of  the  convicts  been  employed  as  guards, 
overseers,  or  turnkeys,  or  in  shutting  up  the  cells  of  other  convicts;  and, 
if  so,  may  not  some  of  the  escapes  be  attributed  to  their  connivance  or 
agency  ? 

Answer.  Not  within  my  knowledge,  while  superintendent. 

Interrogatory  8.  Did  you  supply  the  penitentiary  by  purchase,  by  the 
quantity,  or  in  small  parcels,  from  day  to  dav? 

Answer.  I  usually  purchased  by  the  quantity  when  I  had  charge  of  the 
penitentiary. 

Interrogatory  9.  What  constitutes  the  ration  or  daily  allowance  of  each 
convict  ? 

Answer.  No  limits,  the  convicts  being  allowed  to  eat  as  much  as  they 
wished. 

Interrogatory  10.  Have  cleanliness  and  comfort  been  studied  in  the  ar¬ 
rangement  of  your  prison,  and  enforced  among  the  convicts? 

Answer.  'Yes;  by  obliging  the  convicts  to  change  their  clothes  once  per 
week. 

Interrogatory  11.  Will  you  state  the  amount  and  kind  of  bedding  fur¬ 
nished  to  each  convict? 

Answer.  Each  from  twro  to  three  blankets,  a  good  cot,  with  a  straw- 
bed.  V  - 


13 


interrogatory  12.  Are  the  convicts  supplied  with  comfortable  clothing 
adapted  to  the  season? 

Answer.  Yes,  while  under  my  charge. 

Interrogatory  13.  Are  the  clothes  of  the  convicts  made  with  such  dis¬ 
tinctive  marks,  or  the  hair  of  the  convicts  shaved  in  such  a  manner  as  that, 
it  at  large,  they  would  be  recognized  as  convicts  escaped  from  the  peniten¬ 
tiary  ?  , 

Answer.  The  clothes  were  made  of  different  colors;  but  their  hair  was 
shaved  even. 

Interrogatory  14.  To  what  extent  have  the  convicts  been  educated,  and 
what  have  been  their  habits  of  life? 

Answer.  Their  habits  were  good  while  under  my  charge,  being  gener¬ 
ally  obedient. 

interrogatory  15.  Have  any  rewards  been  offered  to  induce  them  to 
act  correctly? 

Answer.  None  during  my  superintendence. 

Interrogatory  16.  What  is  the  course  of  discipline  in  the  penitentiary? 

Answer.  In  the  evening  the  bell  is  rung  for  the  convicts  to  return  to 
their  cells;  and  they  are  locked  in  by  the  turnkey,  each  in  a  separate  cell. 

In  the  morning,  at  the  ringing  of  the  bell,  they  prepare  to  turn  out,  and 
are  let  out  by  the  turnkey. 

Interrogatory  17.  What  course  of  instruction  in  reading  and  morals  „ 
has  been  adopted,  if  any,  and  to  what  extent  has  it  been  successful? 

Answer.  While  I  had  charge,  the  convicts  were  allowed  to  read  the 
Bible  and  historical  works. 

Interrogatory  18.  Is  there  a  regularly  appointed  clergyman  officiating 
in  the  penitentiary  on  Sabbath  days;  and,  if  so,  to  what  denomination 
does  he  belong? 

Answer.  None,  except  occasionally  we  had  preaching  in  the  peniten¬ 
tiary. 

Interrogatory  19.  Are  the  convicts  supplied  with  Bibles  and  other  books 
for  religious  and  moral  instruction;  and,  if  so,  to  what  extent? 

Answer.  They  were  supplied  with  two  Bibles,  three  New  Testaments, 
and  several  hymn  books. 

Interrogatory  29.  State  if  the  ground  on  which  the  penitentiary  is  lo¬ 
cated  is  uneven;  and,  if  so,  what  is  the  difference  at  the  two  extremes  of 
the  ground  enclosed  by  the  outer  wall? 

Answer.  It  is  uneven,  and  I  should  suppose  the  difference  to  be  thirty 
or  thirty-five  feet. 

Interrogatory  21.  From  the  relative  situation  of  the  enclosed  ground 
and  the  adjacent  country,  have  the  prisoners  a  view  of  persons  without 
the  enclosure;  and  can  they  see  steamboats  plying  on  the  river,  or  lying  at 
the  Alton  landing? 

Answer.  They  can  see  steamboats  in  the  river,  but  I  think  not  at  the 
landing  higher  than  the  mouth  of  the  Fiasa  creek;  and  they  can  also  sec 
persons  at  any  place  cast  of  the  Piasa  creek. 

Interrogatory  23.  Is  it  not  dangerous  to  the  safe-keeping  of  the  prisoners 
that  they  arc  enabled  to  see  and  hold  communication  with  persons  without 
the  wall? 

Answer.  I  think  it  is. 


14 


Interrogatory  23.  Does  not  the  great  unevenness  of  the  ground  where 
the  penitentiary  is  located  constitute  an  insuperable  barrier  to  the  con¬ 
struction  of  a  safe  prison  thereon? 

Answer.  I  should  suppose  so  from  the  fact  that  the  penitentiary  wall  is 
considerably  sprung  already;  and  1  should  not  be  surprised  should  the 
wall  fall  down  in  less  than  two  years,  being  now  cracked  near  thirty  feet 
in  one  place  at  the  southeast  corner. 

Interrogatory  21.  Would  not  the  health  of  the  inmates  be  consulted 
by  removing  the  penitentiary  one  or  two  miles  back  from  the  river? 

Answer.  I  am  of  opinion  that  it  would  make  but  little  or  no  differ¬ 
ence. 

Interrogatory  25.  State  how  much  money  would,  in  your  opinion,  be 
realized  for  the  residue  of  the  ground  donated  for  penitentiary  purposes, 
if  sub-divided  and  sold  in  lots  of  a  proper  size. 

Answer.  In  my  opinion,  the  sum  of  fifty  thousand  dollars,  at  least. 

Interrogatory  26.  State  if  the  stone  and  other  materials  of  which  tl|C 
outer  wall  and  buildings  are  made  could  not,  for  the  most  part,  be  used  m 
the  construction  of  a  new  penitentiary. 

Answer.  I  think  they  could. 

Interrogatory  27.  State  if  there  is  not  a  greater  quantity  of  ground  en¬ 
closed  by  the  wall  than  is  necessary  for  our  State. 

Answer.  I  think  not. 

Interrogatory  28.  What  quantity  of  ground  do  you  think  would  he  do¬ 
nated  by  individuals,  for  penitentiary  purposes,  in  the  event  of  its  reloca¬ 
tion  within  one  or  two  miles  of  the  present  site? 

Answer.  I  am  unable  to  say;  but  should  suppose  a  sufficient  quantity 
would  be  donated. 

Interrogatory  29.  Can  water  be  procured  within  the  walls  of  the  pen¬ 
itentiary;  and,  if  not,  where  and  how  can  it  be  procured? 

Answer.  I  think  it  very  difficult  to  obtain  water  within  the  limits  of  the 
penitentiary,  having  made  an  unsuccessful  attempt  to  obtain  water  by 
digging  wells. 

Interrogatory  30.  Does  not  that  constitute  an  important  objection  to 
the  present  site. 

Answer.  It  does. 

Interrogatory  31.  Would  it  not  be  the  better  plan  to  lease  the  peniten¬ 
tiary  for  a  term  of  years;  and  on  what  terms  could  it  be  so  leased? 

Answer.  I  should  suppose  it  the  better  plan  to  lease  for  a  term  of  years 
not  exceeding  six.  I  should  think  it  ought  to  be  leased  free  of  expense 
to  the  State,  except  the  physician’s  bill. 

J.  C.  BRUNER. 

Sworn  and  subscribed,  this  1st  January,  1839. 

JAMES  CRAIG, 

Chairman  of  Committee . 

Testimony  of  Samuel  C.  Pierce . 

Interrogatory  1.  State  if  the  ground  on  which  the  penitentiary  is  lo¬ 
cated  is  uneven;  and,  if  so,  what  is  the  difference  at  the  two  extremes  of 
the  ground  enclosed  by  the  outer  wall? 


15 


Answer.  It  is  uneven;  and  I  should  suppose  the  west  side  to  be  thirty 
feet  higher  than  the  opposite  side. 

Interrogatory  2.  From  the  relative  situation  of  the  enclosed  ground  and 
the  adjacent  country,  have  the  prisoners  a  view  of  the  persons  without  the 
enclosure;  and  can  they  see  steamboats  plying  on  the  river,  and  their 
arrival  and  departure  from  the  landing  at  Alton? 

Answer.  Boats  can  be  seen  by  the  convicts  plying  in  the  river;  but  do 
not  know  that  they  can  be  seen  at  the  landing. 

Interrogatory  3.  Is  it  not  dangerous  to  the  safe-keeping  of  the  prisoners 
that  they  are  enabled  to  see  and  hold  communication  with  those  without 
the  walls  of  the  penitentiary? 

Answer.  I  have  no  doubt  they  are  often  induced  to  make  attempts  to 
escape  from  being  able  to  recognize  their  friends  and  accomplices  on  the 
outside  of  the  wall. 

Interrogatory  4.  Does  not  the  great  unevenness  of  the  ground  where 
the  penitentiary  is  located  constitute  an  insuperable  barrier  to  the  con¬ 
struction  of  a  safe  prison  thereon? 

Answer.  I  consider  that  a  prison  should  be  built  on  even  ground. 

Interrogatory  5.  Would  not  the  health  of  the  inmates  be  consulted  by 
removing  the  penitentiary  one  or  two  miles  back  from  its  present  loca¬ 
tion  ? 

Answer.  It  is  generally  considered  to  be  more  healthy  at  a  distance  from 
the  river  than  directly  on  the  river.  / 

Interrogatory  6.  State  how  much  money,  in  your  opinion,  could  be  re¬ 
alized  from  the  residue  of  the  ground  donated  for  penitentiary  purposes, 
if  sub-divided  and  sold  in  lots  of  proper  sizes. 

Answer.  Should  property  sell  equal  to  that  formerly  sold  by  the  State, 
the  sum  of  forty  thousand  dollars  might  be  realized  for  it. 

Interrogatory  7.  State  if  their  is  level  and  suitable  ground,  within  one 
or  two  miles  of  the  present  site,  for  the  construction  of  a  penitentiary. 

Answer.  I  have  no  doubt  that  a  suitable  site  can  be  obtained  within 
one  mile  from  the  river. 

Interrogatory  8.  State  if  the  stone  and  other  materials  of  which  the 
outer  wall  and  buildings  are  composed  could  not  be  used  in  the  construc¬ 
tion  of  a  new  penitentiary. 

Answer.  The  cut-stone  can  all  be  used,  and  many  of  the  stones  com¬ 
posing  the  wall;  also  the  cell  doors  can  be  used. 

Interrogatory  9.  State  if  there  is  no.t  a  greater  quantity  of  ground  en¬ 
closed  than  is  necessary  for  our  State. 

Answer.  I  think  not,  the  size  of  the  present  being  three  hundred  and 
thirty  feet  by  two  hundred  and  sixty  feet,  which  I  consider  none  too 
large. 

Interrogatory  10.  What  quantity  of  ground  do  you  think  would  be 
donated  by  individuals,  for  penitentiary  purposes,  in  the  event  of  its  relo¬ 
cation  within  one  or  two  miles  of  Alton? 

Answer.  I  do  not  know  of  any,  to  my  certain  knowledge. 

Interrogatory  11.  Can  water  be  procured  within  the  limits  of  the  pen¬ 
itentiary;  and,  if  not,  where  and  how  can  it  be  procured? 

Answer.  There  have  been  two  unsuccessful  attempts  to  procure  water 
by  digging  wells. 


16 


Interrogatory  12.  Does  not  that  constitute  an  important  objection  to  the 

present  site? 

Answer.  I  think  it  does,  so  far  as  expense  is  concerned;  and  also  as  af¬ 
fording  the  convicts  an  opportunity  of  escape  while  the  gates  are  open  to 
admit  the  water-cart. 

S.  C.  PIERCE. 


Sworn  to  and  subscribed  before  me,  this  1st  day  of  January,  A.  D. 
1839. 


GEORGE  SMITH,  Justice  of  the.  Peace . 


Testimony  of  B.  F.  Edwards. 

■  Interrogatory  1.  State  if  the  ground  on  which  the  penitentiary  is  lo¬ 
cated  is  uneven;  and  if  so,  what  is  the  difference  at  the  two  extremes 
of  the  ground  enclosed  by  the  outer  wall? 

Answer.  The  ground  is  uneven.  The  west  line  of  the  outer  wall, 
judging  from  the  eye,  is  from  thirty-five  to  forty  feet  higher  on  the  west 
than  on  the  east. 

Interrogatory  2.  From  the  relative  situation  of  the  enclosed  ground  to 
the  adjacent  country,  have  the  prisoners  a  view  of  persons  without  the 
enclosure;  and  can  they  see  steamboats  plying  on  the  river,  and  the  arri¬ 
vals  and  departures  from  the  Alton  landing? 

Answer.  The  prisoners  have  a  pretty  full  view  of  the  city,  with  what¬ 
ever  is  going  on;  also  of  boats  on  the  river,  arrivals  and  departures. 

Interrogatory  3.  Is  it  not  dangerous  to  the  safe-keeping  of  the  prison¬ 
ers  that  they  are  enabled  to  see  and  hold  communication  with  those  per¬ 
sons  without  the  walls  of  the  penitentiary? 

Answer.  It  is,  as  signs  might  be  agreed  upon  with  those  out  by  the 
prisoners  before  their  confinement. 

Interrogatory  4.  Does  not  the  great  unevenness  of  the  ground  where 
the  penitentiary  is  located  constitute  an  insuperable  barrier  to  the  con¬ 
struction  of  a  safe  prison  thereon? 

Answer.  In  my  judgment  it  does. 

Interrogatory  5.  Would  not  the  health  of  the  inmates  be  consulted  by 
removing  the  penitentiary  one  or  two  miles  back  from  the  river? 

Answer.  It  would;  chiefly  by  being  located  where  it  might  be  better 
ventilated,  and  where  good  water  might  be  obtained. 

Interrogatory  6.  State  how  much  money,  in  your  opinion,  would  be 
realized  for  the  residue  of  the  ground  donated  for  penitentiary  purposes, 
if  sub-divided  and  sold  in  lots  of  proper  size. 

Answer.  Taking  the  former  sales  as  a  foundation  for  estimates — and 
I  should  think  it  not  all  extravagant — the  residue  of  the  ground  would 
yield  to  the  State  from  sixty  to  seventy  thousand  dollars. 

Interrogatory  7.  Slate  if  there  is  level  and  suitable  ground,  within 
one  or  two  miles  of  the  present  site,  for  the  construction  of  a  penitentary. 

Answer.  Within  one  mile  there  are  a  number  of  pleasant  situations; 
within  two  miles  they  are  numerons,  high,  even,  and  with  water  of  the 
best  quality,  by  wells. 

Interrogatory  8.  State  if  the  stones  and  other  materials  of  which  the 


1r* 

6 

outer  wall  and  buildings  are  composed,  could  not,  for  the  most  part,  be 
used  for  the  construction  of  a  new  penitentiary. 

Answer.  They  could. 

Interrogatory  9.  State  if  there  is  not  a  greater  quantity  of  ground 
enclosed  by  the  wall  than  is  necessary  for  our  State. 

Answer.  There  is  more  than  will  be  needed  for  a  great  number  of 
years,  if  ever. 

Interrogatory  10.  What  quantity  of  ground  do  you  think  would  be 
donated  by  individuals  for  penitentiary  purposes,  in  the  event  of  its  relo¬ 
cation  within  one  or  two  miles  of  the  present  site? 

Answer.  It  is  not  in  my  power  definitely  to  answer  the  above  inquiry, 
having  made  no  special  inquiries  recently;  but  can  say  that  an  ample 
amount  for  a  penitentiary  site  would  be  donated,  or  obtained  at  a  very 
trifling  cost. 

Interrogatory  11.  Can  water  be  procured  within  the  limits  of  the  peni¬ 
tentiary;  and,  if  not,  where  and  how  is  it  procured? 

Answer.  Water  might  probably  be  obtained,  but  at  great  expense, 
within  the  penitentiary,  by  digging  and  boring.  It  is  procured  by  draw¬ 
ing  from  the  river  and  other  places  without. 

Interrogatory  12.  Does  not  that  constitute  an  important  objection  to 
the  present  site? 

Answer.  The  want  of  an  abundance  of  water  is  certainly  a  most  serious 
objection;  and  especially  the  want  of  sound,  healthy  water  for  drinking 
and  culinary  purposes.  B.  F.  EDWARDS. 

Sworn  to  and  subscribed  before  me,  this  1st  day  of  January,  A.  D.  1839. 

GEORGE  SMITH,  Justice  of  the  Peace. 

Your  committee,  upon  inquiring  into  the  causes  of  the  recent  escapes 
of  convicts  from  the  penitentiary,  are  satisfied  that  it  was  owing,  in  part, 
to  the  insufficency  of  the  walls  and  cells  of  the  penitentiary,  and  partly 
to  the  want  of  a  sufficient  and  vigilant  guard. 

Of  the  causes  of  the  escape  of  four  convicts  in  April,  1837,  we  have 
not  been  able  to  ascertain  any  other  causes  than  those  above  stated  of 
the  recent  escapes,  and  that  assigned  by  the  inspectors  in  their  report  of 
December  8th,  1838,  “of  negligence  on  the  part  of  the  warden.” 

From  the  testimony  taken  by  your  committee,  and  herewith  submitted, 
it  will  be  seen  that  the  penitentiary  and  buildings  connected  therewith  are 
not  in  a  situation  to  answer  the  purposes  for  which  they  are  designed; 
and  the  personal  inspection,  by  your  committee,  of  the  same,  has  satis¬ 
fied  them  that  the  evidence  on  this  point  is  substantially  correct. 

We  conceive  the  location  of  the  penitentiary  a  very  improper  one.  It 
stands  on  an  eminence,  commanding  a  full  view  of  a  great  part  of  the 
city,  and  of  the  river  for  a  considerable  distance;  from  which  the  con¬ 
victs  can  see  the  boats  that  ply  upon  the  river,  and  even  recognize  the 
features  of,  and  hold  converse  with,  persons  without  the /walls — thus  de¬ 
feating  one  of  the  great  objects  of  the  law — “punishment  by  seclusion” — 
and  placing  before  the  convicts  all  the  temptations  to  escape  from  con¬ 
finement  that  a  full  view  of  busy  and  active  life  will  ever  excite  in  the 
human  mind;  and  thus  inducing  the  formation  of  plans  of  escape,  and 
too  likely  affording  the  means  of  effecting  it  through  the  aid  of  persons 
without  the  walls  of  the  prison.  The  grouud  on  which  the  walls  are 

2 f 


18 


built  is  so  uneven  that  it  would  be  difficult,  if  not  impossible,  to  build  a 
permanent  wall  upon  it;  and  this  is,  in  part,  the  cause  of  so  much  of  the 
walls  having  fallen,  and  their  present  leaning  and  cracked  condition; 
though  it  is  evident  that  they  were  badly  constructed  or  built  at  first,  the 
sides  being  faced  and  the  middle  filled  with  loose  stones,  and  with  but 
little  or  no  mortar. 

The  cells,  from  want  of  sufficient  ventilation,  are  extremely  uncomfort¬ 
able  and  unhealthy.  In  summer  the  water  trickles  down  the  sides  of 
them;  and  in  winter  they  are  coated  with  ice. 

The  work-shops  now  in  the  prison  are  not  sufficiently  extensive  to  af¬ 
ford  employment  to  the  convicts,  or  to  carry  on  business  to  advantage. 
There  should  be  additional  shops  immediately  erected;  ani  the  erection 
of  a  building  for  an  hospital  your  committee  deem  of  the  utmost  impor¬ 
tance,  as,  also,  a  suitable  shed  for  the  protection  of  the  cannon  that  are 
now  exposed  to  the  weather. 

Of  the  ‘‘condition  of  the  inmates  of  the  penitentiary,”  we  have  to  re¬ 
mark  that  their  general  appearance  indicates  health;  and  that  we  be¬ 
lieve  they  are  humanely  treated  in  health;  and  that  in  sickness  they  are 
well  attended,  and  their  comfort  secured  as  far  as  is  practicable,  there  be¬ 
ing  no  room  about  the  prison  suitable  for  the  reception  of  the  sick;  but  we 
found  them  illy  supplied  with  Bibles  and  other  books  necessary  for  their 
moral  instruction;  and  there  has  been  no  means  employed  to  insure  regu¬ 
lar  preaching  in  the  prison  on  the  Sabbath,  though  the  clergymen  of  the 
city  have  kindly  performed  service  in  the  prison  when  their  other  en¬ 
gagements  would  admit  of  it. 

Your  committee,  in  submitting  to  jour  honorable  body  “such  facts  in 
relation  to  the  penitentiary  and  its  inmates  as  will  enable  the  Legislature 
to  make  such  further  enactments  for  its  future  government  as  may  be 
necessary,”  have  to  remark,  that  the  result  of  their  investigation  has  im¬ 
pressed  them  with  the  firm  belief  that  the>  interests  of  the  State,  and  the 
proper  management  and  welfare  of  the  inmates  of  the  prison,  require  the 
rebuilding  of  the  penitentiary,  and  the  adoption  of  a  more  definite  and 
energetic  system  for  conducting  the  same. 

The  reasons  with  your  committee  for  the  removal  and  rebuilding  of 
the  penitentiary  are  those  already  alluded  to — of  its  too  public  situation, 
its  commanding  view,  the  facility  with  which  the  convicts  can  communi¬ 
cate  with  persons  without  the  walls;  and  the  ground  being  so  uneven  as 
to  reder  it  difficult,  if  not  impossible,  to  erect  a  durable  wall  upon  it;  and, 
also,  that  it  has  hitherto  been  found  impossible  to  obtain  water,  by  digging, 
within  the  walls  of  the  prison. 

If  the  penitentiary  is  continued  at  its  present  location,  an  appropria¬ 
tion  will  be  required,  in  addition  to  the  $5,000  loaned  to  Madison 
county,  of  a  sufficient  sum  to  build  a  warden’s  house,  (the  house  now  oc¬ 
cupied  by  the  warden  to  be  used  for  an  hospital,)  work-shops  for  forty 
men,  a  shed  for  the  protection  of  the  artillery,  and  to  rebuild  the  outer 
wall,  of  not  less  than  $12,000 

The  cost  of  the  penitentiary  has  already  amounted  to  about  $36,715  00 

To  which  add  the  appropriation  now  required  as  above  17,000  00 

Making,  when  finished,  the  whole  cost  of  the  penitentiary, 

for  the  accommodation  of  fifty-six  convicts  -  -  $53,715  00 


f 


19 


The  present  location  is  in  the  most  business  part  of  Alton,  occupying 
the  best  landing  at  the  wharf,  with  six  acres  of  land;  all  of  which  is 
much  wanted  for  commercial  establishments,  and  would  sell,  under  ordi¬ 
nary  circumstances,  for  $>60,000  or  $>70,000.  This  sum,  with  the  balance 
of  the  $5,000  loaned  to  Madison  county  by  the  inspectors,  together  with 
the  iron  and  stone  work  that  will  or  can  be  taken  from  the  present  peni¬ 
tentiary  and  used  in  the  building  of  a  new  one,  in  the  opinion  of  your 
committee,  will  be  an  ample  fund  to  enclose  a  yard  of  three  hundred  feet 
square  with  a  strong  and  durable  wall,  build  cells  to  accommodate  sixty 
convicts,  a  warden’s  house,  an  hospital,  cooking  and  eating-houses,  smoke¬ 
house  and  work-shops,  and  purchase  the  necessary  tools  to  employ  that 
number  of  convicts  within  the  walls. 

A  good  situation  can  be  had  within  two  miles  of  the  present  location, 
free  of  cost  to  the  State,  where  water  can  be  obtained;  and  building  ma¬ 
terials  are  abundant. 

Your  committee  are  of  opinion  that  the  penitentiary  is  now  better  con¬ 
ducted  than  it  has  heretofore  been;  yet  they  are  satisfied  that  the  amount  of 
labor  performed  by  the  convicts  falls  far  short  of  what  it  should  be.  This  is 
owing,  in  part,  to  the  want  of  necessary  shops,  tools,  and  materials;  and  the 
embarrassments  of  the  penitentiary  may,  in  part,  be  owing  to  the  inspectors 
having  loaned  to  the  county  of  Madison  five  thousand  dollars  of  the  funds 
of  the  penitentiary.  Your  committee  are  unable  to  find  any  law,  reason, 
or  excuse  for  this  act  of  the  inspectors,  and  cannot  but  condemn,  in  any 
public  officer  or  officers,  the  diversion  of  the  public  moneys  from  the 
objects  of  their  appropriation.  This  use  of  the  money  your  committee 
conceives  to  be  in  bad  keeping  with  the  reported  want  of  shops,  tools,  and 
materials,  and  a  proper  room  for  the  reception  of  the  sick,  and  the  want 
of  suitable  sheds  for  the  cannon  belonging  to  the  State;  and  are  equally 
unable  to  find  any  semblance  of  reason  for  granting  indulgence  for  the 
repayment  thereof,  and  less  still  for  making  “an  appropriation  of  that 
amount  to  the  county  of  Madison.” 

Your  committee  arc  firmly  of  the  opinion  that  the  labor  of  the  convicts 
can,  and  should,  be  made  sufficiently  productive  to  defray  all  the  expenses 
of  conducting  the  penitentiary.  To  secure  this  object,  we  beg  leave  to 
suggest  that  the  Legislature  elect  a  warden  with  an  increased  salary,  or 
make  him  directly  interested  by  giving  him,  in  addition  to  his  present 
salary,  say  ten  per  cent,  on  all  the  nett  proceeds  of  the  labor;  and,  also, 
a  per  centage,  or  commutation  of  time  to  the  convicts,  for  all  the  labor  they 
shall  perform  over  and  above  a  certain  amount:  that  a  sufficient  appro¬ 
priation  be  made  to  erect  (if  the  penitentiary  is  continued  where  it  now  is) 
sufficient  shops,  purchase  necessary  tools,  and  to  lay  in  an  ample  stock  of 
materials,  so  that  the  convicts  shall  have  constant  employment.  To  carry 
on  business  successfully,  your  committee  would  recommend  that  there  be 
elected  or  appointed,  a  superintendent  of  work,  whose  duty  it  shall  be  to 
superintend  the  different  departments  of  business,  and  to  see  that  all  the 
workmen  are  supplied  with  tools  and  stock,  .and  that  they  are  regularly 
at  their  work.  And  to  secure  the  more  frequent  examination  of  the  pen¬ 
itentiary  by  the  inspectors,  increase  their  pay,  or  require  of  them  periodi¬ 
cal  meetings,  and  such  others  as  they  may  deem  necessary,  at  a  liberal 
per  diem  allowance.  A  warehouse  should  be  built,  without  the  walls,  fer 


20 


the  use  of  the  penitentiary,  at  which  all  the  business  of  contracts  and 
sales  should  be  done;  and  this  should  also  be  under  the  management  of 
the  warden.  The  warden  should  be  required  to  keep  an  accurate  account 
of  tiie  labor  performed  by  each  convict,  of  the  amount  and  different  kinds 
of  articles  manufactured  in  the  prison,  of  the  amount  of  sales  of  each  kind, 
and  embody  the  same  in  his  periodical  reports  to  the  board  of  inspectors. 

To  prevent  the  frequent  escapes  from  the  penitentiary,  a  more  sufficient 
and  vigilant  guard  should  be  employed.  Four  guards,  at  a  salary  of  about 
three  hundred  dollars  each,  per  year,  would  be  sufficient,  in  the  opinion  of 
your  committee,  to  keep  up  a  constant  guard  day  and  night.  They  would 
also  recommend  the  appointment  of  a  turnkey,  whose  business  it  should 
be  to  shut  up  and  let  out  the  prisoners;  to  lock  and  unlock  the  doors  of 
the  cells  and  the  prison  gates;  to  have  command  of  and  regulate  the 
guards;  and  to  have  and  exercise,  under  the  law  and  the  rules  of  the  peni¬ 
tentiary,  a  general  supervision  over  every  thing  appertaining  to  the  safe¬ 
keeping  of  the  prisoners.  And  we  would  also  recommend  the  appoint¬ 
ment  of  a  clerk  to  the  warden. 

For  the  moral  improvement  of  the  convicts,  your  committee  beg  leave 
to  recommend  the  appropriation  of  a  small  sum  (say  one  hundred  dollars) 
for  the  purchase  of  a  suitable  library  for  the  prison;  and,  to  secure  preach¬ 
ing  every  Sabbath  in  the  penitentiary,  let  the  warden  employ  the  differ¬ 
ent  clergy  of  the  city  to  preach,  by  turn,  to  the  prisoners;  and  authorize 
him  to  pay  to  them,  each,  five  dollars  per  day  for  the  time  so  spent. 

The  question  here  recurs  upon  the  proportion  of  the  amount  to  be  real¬ 
ized  from  the  labor  of  the  convicts  to  the  necessary  expenses  of  the  peni¬ 
tentiary. 

In  Mr.  Wood’s  answer  to  interrogatory  thirty-three,  he  states  that  it 
will  require,  to  conduct  the  penitentiary  for  the  two  next  years,  the  first 
year  an  appropriation  of  $1,250,  and  the  second,  $750.  This  is  independ¬ 
ent  of  shops,  tools,  and  stock,  and  beside  the  labor  of  the  convicts.  “This 
is  based,”  he  continues,  “on  the  supposition  that  eighty  convicts  will  be  in 
the  prison  at  the  end  of  two  years.” 

Let  us  suppose,  then,  that  there  will  be  sixty  convicts  in  the  prison,  who 
will  be  able  to  perform  each  two  hundred  and  fifty  days’  labor  in  the 
year,  and  that  this  will  be  worth,  clear  of  board  and  materials,  seventy-five 


cents  per  day;  and  we  have  for  labor  $11,250  00 

Expenses . 

Warden’s  salary  -  -  -  $1,200  00 

3  inspectors,  at  $100  each  -  -  300  00 

1  turnkey  -  -  -  -  500  00 

1  superintendent  of  work  -  -  600  00 

1  clerk  ....  600  00 

4  guards,  at  $300  each  -  1,200  00 

To  physician  and  surgeon,  say  -  -  200  00 

Fay  of  clergy  -  -  -  -  260  00 

Clothing,  for  sixty  men,  at  $25  per  man  -  1,500  00 

— -  6,360  00 


$4,890  00 


21 


Leaving  four  thousand  eight  hundred  and  ninety  dollars;  which  is  forty- 
three  and  a  half  per  cent,  for  contingencies  and  fluctuation  in  the  price 
of  the  labor. 

And  that  the  penitentiary  can  be  made  thus  productive,  with  sufficient 
shops  and  tools,  and  a  supply  of  materials,  under  proper  management, 
your  committee  do  not  entertain  a  doubt. 

The  cells  are  quite  unfit  to  be  occupied  by  the  prisoners,  if  their  lives 
and  health  are  consulted;  and  your  committee  would  beg  leave  to  urge 
the  necessity  of  having  the  cells  immediately  ceiled  with  plank. 

Your  honorable  body  will  perceive,  from  the  testimony  herewith  sub¬ 
mitted,  that  the  convicts  are  frequently  hired  out  and  taken  without  the 
walls  of  the  penitentiary  to  work.  The  objections  to  this  practice  are  too 
obvious  to  require  enumeration  here,  and  are  conclusive  with  your  com¬ 
mittee  that  it  should  be  prohibited ,  and  that  sufficient  means  should  be 
furnished  to  keep  the  convicts  constantly  employed  within  the  walls  of 
the  penitentiary. 

We  have  been  unable  to  elicit,  by  evidence,  any  rules  adopted  for  the 
government  of  the  penitentiary ;  and  hence  are  compelled  to  believe  that 
the  laws  of  the  prison  repose  mostly  in  the  breast  of  the  superintendent; 
and  that  the  convicts  are  constantly  liable  to  violate  laws  or  rules  of 
which  they  have  an  imperfect  knowledge,  or  perhaps,  no  knowledge  at  all; 
and  thus  become  the  subjects  of  a  punishment  dictated  by  the  impulse  of 
the  moment,  and  meted  out  for  that  particular  offence. 

Your  committee  are  of  opinion  that  it  should  be  an  established  law  of 
the  penitentiary  to  shave  one  side  of  the  head  of  each  convict,  and  to 
make  their  clothes  with  such  distinctive  marks  as  would  render  them  easily 
recognized  as  convicts  if  at  large. 

The  rules  for  the  government  and  regulation  of  the  penitentiary  should 
in  all  possible  instances  be  ascertained  by  law;  and  such  as  cannot  be 
foreseen  by  the  Legislature,  and  experience  may  point  out  as  necessary, 
we  would  recommend  that  they  be  made  by  the  inspectors  and  warden, 
and  submitted  to  the  Governor;  and,  if  approved  by  him,  that  they  shall 
then  become  a  part  of  the  rules  for  the  regulation  and  government  of  the 
penitentiary;  and  also  that  solitary  confinement  be  substituted  for  corpo¬ 
real  punishment. 

To  leave  in  the  hands  of  prison  officers,  who  are  exposed  to  individual 
prejudices  and  partialities  among  the  convicts,  the  power  of  defining,  and, 
at  pleasure,  varying  their  punishment,  it  is  but  human  that  it  should  be 
misapplied  and  abused;  and  is,  therefore,  dangerous,  inexpedient,  and 
unjust.  The  penalties  of  the  laws  of  the  penitentiary  should  distinctly 
apprise  its  violators  of  their  punishment;  and  that  punishment,  being  thus 
equitably  ascertained,  should  be  inflicted  without  either  increase  or  dimi¬ 
nution,  reducing  into  practice  the  long  established  axiom  in  theory — that 
certainty  is  vastly  more  efficacious  than  severity  in  punishment. 

There  yet  remains  to  be  paid  to  Caswell  &  Whitaker,  $3,859,  85  for 
the  erection  of  the  new  cells.  If  this  is  paid  from  the  amount  loaned  to 
Madison  county,  there  will  be  but  $1,140  15  left — a  sum  entirely  inade¬ 
quate  for  the  improvements  that  are  now  needed 


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The  recommendation  made  by  the  inspectors  to  lease  the  penitentiary 
to  some  responsible  individual  for  a  term  of  years,  your  committee  deem 
worthy  of  your  consideration;  and  indulge  the  belief  that  such  a  project 
might  be  adopted  as  would  be  of  benefit  to  the  State,  and  secure  all  the 
objects  for  which  penitentiaries  have  been  established. 

All  of  which  is  respectfully  submitted. 

JAMES  CRAIG, 

O.  B.  FICKLIN, 
RICHARD  MURPHY, 
Go  KERCHEVAU 


III.  Legis. 


i 


H.  R. 


I 


I  1th  Assem. 


COUNTY  SEAT  OF  FULTON. 


January  17,  1839. 

Read,  and  concurred  in. 


Mr.  Moore,  from  the  Committee  on  Counties,  made  the  following 

REPORT: 

The  Committee  on  Counties ,  to  which  were  referred  the  petitions  and  remon¬ 
strance  of  the  citizens  of  Fulton  county ,  for  and  against  the  removal  of 
the  county  seat  of  said  county ,  beg  leave  to  report: 

That  they  have  carefully  examined  the  petitions  and  remonstrance,  and 
find  one  thousand  three  hundred  and  fifty-seven  names  signed  to  the  peti¬ 
tions,  and  one  thousand  three  hundred  and  twenty-six  names  signed  to 
the  remonstrance;  they  also  find  that,  from  the  affidavits  of  different  indi¬ 
viduals,  two  hundred  and  six  persons  signed  the  remonstrance,  after  having- 
signed  the  petitions ;  which  number,  your  committee  are  of  opinion,  should 
he  taken  from  the  petitions,  and  would  leave  a  majority  of  one  hundred 
and  seventy-five  in  favor  of  the  remonstrance,  and  against  the  removal  of 
the  county  seat.  Your  committee  would  also  remark  that,  from  the  affi¬ 
davits  of  sundry  individuals,  it  appears  that  the  persons  signing  the  remon¬ 
strance  were  legal  voters  and  residents  of  Fulton  county.  From  all  the 
facts  which  your  committee  are  in  possession  of,  it  appears  that  a  decided 
majority  of  the  legal  voters  of  Fulton  county  are  opposed  to  a  removal  of 
the  county  seat  of  said  county;  afid,  whilst  a  law  of  this  State  is  in  force, 
declaring  “that  no  county  seat  shall  be  remove^  without  the  consent  of  a 
majority  of  the  legal  voters  of  such  county,”  your  committee  Are  of  opinion 
that  the  prayer  of  the  petitioners  ought  not  to  be  granted;  and  ask  leave 
to  be  discharged  from  the  further  consideration  of  the  subject. 


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